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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
VIBHA KANKANWADI, HITEN S.VENEGAVKAR
Dikshant @ Dadu Devidas Sapkale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
[Per Hiten S. Venegavkar, J.]
1. Rule. Rule made returnable forthwith. With the consent of all the parties, the petition is taken up for final hearing and final disposal at the stage of admission itself.
2. The Petitioner who is the original detenue has preferred this writ petition challenging the detention order dated 18.07.2024 bearing No.Dandapra/KAVI/MPDA/22/2024 passed by respondent No.2.
3. The facts leading for filing of the present petition can be summarized in brief is that on the date of detention order, the petitioner was already in judicial custody in connection with C.R. No. 140 of 2024, registered with M.I.D.C. Police Station, Jalgaon and continued to remand in such custody for many months thereafter. The order of detention though passed on 18.07.2024, was not served upon the petitioner immediately. The detention order came to be served upon the petitioner only after he was released on bail on 23.05.2025, that was nearly after 11 months later. The petitioner, therefore, raises a grievance that the authorities though fully aware about the petitioner is in jail, have failed to serve the order upon him in the jail and held back the said order till the moment, he c
Preventive detention is subject to strict scrutiny regarding procedural legality, including timely communication and justification for detention, especially when an individual is already in custody.
Preventive detention orders must be based on specific and substantiated grounds, with the detaining authority required to apply its mind independently to the facts of the case, and any significant de....
Preventive detention orders must demonstrate subjective satisfaction regarding the imminent release of a detenue already in custody and must communicate grounds of detention in a comprehensible manne....
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
The main legal point established in the judgment is the requirement for detention orders to be based on specific and non-vague grounds, the need to communicate the grounds of detention in a language ....
Preventive detention requires a clear link between past conduct and future risk; failure to communicate grounds in an understandable language violates constitutional rights.
The main legal point established in the judgment is that the detention order under the J&K Public Safety Act was unsustainable due to the non-supply of essential documents, violation of language righ....
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